Fuller

Fuller v. Nelson

Good Law
128 F. App'x 584
United States Court of Appeals for the Ninth CircuitApril 4, 2005No. 04-36099; D.C. No. CV-04-329-EJLCalifornia479 words

Opinion

Lead Opinion

MEMORANDUM **

Kenneth A. Fuller, an Idaho state prisoner, appeals pro se the district court’s dismissal without prejudice, pursuant to 28 U.S.C. § 1915 (e)(2)(B), of his action under 42 U.S.C. § 1983 against Lynn Nelson, the public defender who was his trial attorney; Ruth Fullwiler, the public defender who was his post-conviction attorney; John Adams, another public defender; Nancy Lubbert, a public defender who represented Fuller after trial; Tim Gresback, a private attorney who represented Fuller after trial; James Judd, the trial court judge; May Moreland, a court clerk; Dan English, another court clerk; Frederick Lyon, the clerk of the Idaho Supreme Court; C.A. Wold, an investigator for the Idaho state bar; and possibly Tom Beau-clair, director of the Idaho Department of Corrections. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, see Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm in part and vacate in part the district court’s judgment.

Fuller contends that the district court erred in dismissing his claims against Judge Judd on the ground of absolute immunity. This contention lacks merit because the claims concern Judge…

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